Call Us Now : (813) 314-4500
Visit Us On FacebookVisit Us On Linkedin
Call Us Now : (813) 314-4500
Visit Us On FacebookVisit Us On Linkedin

The Journal of Gender, Race and Justice

Mythical Traditions and Fictions:  The Rehnquist Court and United States v. Ursery

By Paul Quin, Partner, Saxon, Gilmore, Carraway & Gibbons, P.A.

The Supreme Court’s recent decision in United States v. Ursery provides further evidence that constitutionally guaranteed protections may wither in the face of a national dilemma.  Recent scholarship has copiously documented the effect of the war on drugs on the protections of the Fourth Amendment.   In Ursery, the Court demonstrated that the war on drugs would now impact one of the guarantees of the Fifth Amendment.

The Double Jeopardy Clause of the United State Constitution provides:  “Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.”  The Supreme Court has interpreted this clause to provide protections against a second prosecution for the same offense after conviction or acquittal, and against multiple punishments for the same offense.

Continued…

 

© 2013 Saxon Gilmore. Saxon Gilmore publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Saxon Gilmore. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact form via the link below. This site may contain hypertext links to information created and maintained by other entities. Saxon Gilmore does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.